Financial provisions: grants and receipts HA 1988 s. 138
Grants, payments to housing action trusts, other expenses paid from Parliament money; sums received (except National Loans Fund) paid into Consolidated Fund.
There shall be paid out of money provided by Parliament— any sums required for the payment by the Secretary of State of grants under this Act; any sums required to enable the Secretary of State to make payments to housing action trusts established under Part III of this Act; any other expenses of the Secretary of State under this Act; and any increase attributable to this Act in the sums so payable under any other enactment. Any sums received by the Secretary of State under this Act, other than those required to be paid into the National Loans Fund, shall be paid into the Consolidated Fund.
Text in force at .
Source: legislation.gov.uk — The National Archives (legislation.gov.uk), reproduced under licence Open Government Licence v3.0.
What it actually says
This section says where the money comes from and where it goes for the Housing Act 1988.
The Secretary of State can use money voted by Parliament to pay grants under the Act, to make payments to housing action trusts set up under Part III, to cover any other expenses he incurs under the Act, and to pay any extra sums required by other laws because of this Act.
Any money the Secretary of State receives under the Act (except money that must go into the National Loans Fund) must be paid into the Consolidated Fund, which is the government's main bank account.
When it applies
- A local authority applies for a grant under the Housing Act 1988 and the Secretary of State must pay it out of money provided by Parliament.
- A housing action trust established under Part III of the Act needs a payment from the Secretary of State to carry out its functions.
- The Secretary of State incurs administrative expenses (e.g., staff costs) while carrying out duties under the Act, and those expenses are paid from public funds.
- The Secretary of State receives proceeds from the sale of housing stock under the Act, and the money (unless earmarked for the National Loans Fund) goes into the Consolidated Fund.
What this section does not say
- This section does not set the amount or conditions of any grant – those are found in other parts of the Act or in regulations.
- This section does not create a right for any person to receive a grant – it only authorises payment if a grant is already provided for elsewhere.
- This section does not apply to housing action trusts in Scotland – those are dealt with separately in the Act (e.g., sections 134, 135).
- This section does not tell you what the National Loans Fund receives – that depends on other enactments.
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This page reproduces the text of HA 1988 s. 138 in force at the date shown and explains it in general terms. It is not legal advice and takes no account of the circumstances of your case, which can change the answer completely. For a live dispute, for limitation periods, and before taking any step in court, consult a qualified lawyer in England and Wales.